News & Analysis as of November 17, 2024

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

Top Five Labor Law Developments for October 2024

Jackson Lewis P.C. on 11/13/2024

1. Former President Donald Trump’s Election Day victory leaves the National Labor Relations Board’s status uncertain, but a new general counsel appointment is likely. Currently, the Board has a 2-1 Democratic majority....more

“Captive Audience” Bans: Employers Should Be Aware of This Trend

Foley & Lardner LLP on 11/12/2024

As organized labor activity has been on the rise in recent years and stories about union-related matters have become regular news, labor relations questions have ever-increasingly become front-of-mind for employers. It is...more

The Freedom—and Limits—of Political Speech in the Workplace

Dickinson Wright on 10/29/2024

With the 2024 election quickly approaching, employers should expect an increase in political conversation and activity in the workplace. It is essential during political seasons for both employers and employees to understand...more

Election Season in the Workplace: Employers’ Essential FAQs for 2024

Fisher Phillips on 9/12/2024

The election season promises to be turbulent, and your workplace will not be immune from the challenges that are sure to face us. What do you need to know about your rights and responsibilities as an employer now that the...more

Political Discourse in the Workplace: Considerations for Employers

McNees Wallace & Nurick LLC on 8/14/2024

With a presidential election just around the corner, employers can expect to see an uptick in political discussions in the workplace, if they haven’t already. The days when coworkers typically refrained from discussing...more

Illinois Makes Move to Ban Employer-Sponsored Meetings

Littler on 8/5/2024

For over 75 years, the National Labor Relations Board and courts (including the U.S. Supreme Court) have held the right of employees to make informed choices about unions is best served when employers share competing...more

2024 Election – Can It Be A Hot Topic In Your Workplace?

Robinson+Cole Manufacturing Law Blog on 7/25/2024

With the 2024 election fast approaching, and political news exploding, manufacturers are asking an important question: What is the role of political bobbleheads, pins, stickers, and discussions in the workplace?...more

Political Activity Policies: Keeping Calm on Campus During the 2024 Presidential Elections

Venable LLP on 7/12/2024

As the 2024 presidential election cycle is in full swing, schools should prepare for debate, discussion, and expression of a wide range of political views and beliefs. While political discourse can be a valuable tool in the...more

EntertainHR: Can Employers Do That? The Limits of Free Speech

FordHarrison on 1/17/2024

Public debate about the Israel-Hamas war demonstrates that Americans have strong, and often divergent, views on important social and political issues. Believing that their right to express those views is firmly grounded in...more

Court's Bench-slap of NLRB Whipsaws Employers, Unions, Arbitration, & Even the First Amendment

Sherman & Howard L.L.C. on 5/15/2023

The Eleventh Circuit Court of Appeals recently issued a decision that is highly critical of the NLRB, yet its end result promises significant mischief when it comes to employment litigation. International Brotherhood of...more

Employment Implications Arising from Dobbs v. Jackson Women's Health Organization

Holland & Knight LLP on 6/30/2022

The U.S. Supreme Court issued its decision in Dobbs v. Jackson Women's Health Organization on June 24, 2022, overturning Roe v. Wade and Planned Parenthood v. Casey and holding that there is no right to abortion in the U.S....more

Employee Activism, Safety, and Support Amid Difficult Issues

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/30/2022

Recent social and political controversies, such as rulings from the Supreme Court of the United States, international conflicts, and mass shootings, are likely to cause more employees to voice their opinions and frustrations...more

NLRB General Counsel Urges Board to Find Captive Audience Speeches are Unlawful

Franczek P.C. on 4/19/2022

For decades, employers have been permitted to hold mandatory meetings or “captive audience speeches” in response to union organizing campaigns to present the company’s position on unionization. On April 7, 2022, the National...more

Top Five Labor Law Developments For July 2021

Jackson Lewis P.C. on 8/23/2021

1. The Senate confirmed Jennifer Abruzzo to the National Labor Relations Board (NLRB) General Counsel post and Gwynne Wilcox and David Prouty as NLRB members. Approved on July 21 by a narrow 51-50 vote, with Vice President...more

Scabby the Rat May Live, Says the NLRB

ArentFox Schiff on 7/29/2021

Perhaps you’ve seen it: A gigantic, inflatable, plastic, fanged, red-eyed, and beclawed rat, nicknamed Scabby, that unions sometimes deploy when protesting non-union businesses. Former NLRB General Counsel targeted Scabby for...more

The Scabby Saga Continues

Hinshaw & Culbertson - Employment Law... on 7/27/2021

The battle over Scabby the Rat took another turn on July 21, 2021, when the National Labor Relations Board issued its anticipated decision and order in International Union of Operating Engineers, Local 150 and Lippert...more

NLRB Protects ‘Scabby the Rat’ Instead of Neutral Parties

Morgan Lewis on 7/26/2021

The National Labor Relations Board, in one of its most significant decisions in recent years on “union protest” issues, has substantially eroded the protection given to “neutral” parties when unions erect large inflatable...more

Scabby the Rat Has Been Legitimized by the NLRB

Proskauer - Labor Relations Update on 7/23/2021

A split Board concluded this week that a union did not engage in unlawful secondary activity under the NLRA when it stationed a 12-foot-tall inflatable rat—known all too well by employers as “Scabby the Rat”—and two 8-foot...more

“Scabby” The Rat Gets Stay Of Execution

Amundsen Davis LLC on 7/23/2021

The National Labor Relations Board (NLRB) ruled 3-1 on July 21, 2021 that labor unions may continue to use large, inflatable balloons–usually in the shape of an ugly rat–to aid in publicity of labor disputes, whether...more

This 'n' That In Labor And Employment Law

Constangy, Brooks, Smith & Prophete, LLP on 7/16/2021

Here's what's been going on this week. Some noteworthy labor and employment developments from the past week, in no particular order: Court rules against Christian teacher who wouldn't use kids' names, preferred...more

Absolute Freedom to Tweet? Employers (and the NLRA) May Have Something to Say About It

Bradley Arant Boult Cummings LLP on 1/27/2021

Do you need a social media policy or are the legal obstacles just too much? Now more than ever, people are exercising their First Amendment right to free speech, which, not surprisingly, can cause heartburn at the workplace....more

Top Five Labor Law Developments For November 2020

Jackson Lewis P.C. on 12/22/2020

1. The National Labor Relations Board (NLRB) provided guidance on the propriety of mail or manual ballot elections. Aspirus Keweenaw, 370 NLRB No. 45 (Nov. 9, 2020). In this case, the NLRB set forth the considerations...more

NLRB Seeks Comment: Rats, Banners and Neutrals, Oh My!

Proskauer - Labor Relations Update on 10/30/2020

An age old question under the National Labor Relations Act is what constitutes “picketing”? By the Supreme Court’s definition, picketing is inherently coercive and may not be directed against a neutral employer. An issue...more

The Election Season Is Upon Us: Guidance for Managing Political Expression in the California Workplace

Farella Braun + Martel LLP on 10/27/2020

In a year of extraordinary events, this election has been more divisive and controversial than any other in recent history. Many employers are grappling with how they should manage political expression in the workplace. An...more

Political Speech in the Workplace (And What – If Anything – To Do About It)

Ward and Smith, P.A. on 10/21/2020

Politics could hardly be more conspicuous these days. A monumental presidential election looms on the horizon, and it seems that everyone has an opinion. Many who do have jobs and bring those opinions into the workplace....more

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